Partly allowed

Bhumi Sharma and Ors. v. The State Of Bihar

Patna HC9 Jul 2018CR. MISC./33002/2018

Case brief

AI extract

What is this about?

The Patna High Court allowed a prayer for anticipatory bail for three petitioners in a case involving IPC offences. The court also permitted withdrawal of the petition by the second petitioner, who had already been arrested, and dismissed the petition as withdrawn. Bail was granted with specific conditions. Abstract reasoning based on land dispute details.

What did the court decide?

Prayer for anticipatory bail allowed; permission to withdraw petition by petitioner number 2 allowed; petition dismissed as withdrawn. Bail bonds ordered in the sum of Rs. 10,000 each with two suretie

Bhumi Sharma and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.33002 of 2018

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Arising Out of PS. Case No.-30 Year-2018 Thana- SAHARSA District- Saharsa

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======================================================

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Bhumi Sharma, S/o Late Saryug Sharma,

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Domi Sharma, S/o Late Kankir Sharma,

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Rajendra Sharma, S/o Late Baldev Sharma, All Residents of Vill.- Patuaha, P.S. and District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA

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ORAL ORDER

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3 09-07-2018

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Heard learned counsel for the petitioners and the State.

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The petitioners apprehend arrest in Saharsa Sadar P.S. Case No. 30 of 2018 instituted for the offence under Sections 341,323,379,384,354,504,506,34 of the IPC.

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Learned counsel for the petitioners seeks permission to withdraw the petition on behalf of petitioner no. 2, as he has already been arrested.

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Prayer is allowed.

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Accordingly, this petition is dismissed as withdrawn.

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Learned counsel for the petitioners submits that there is land dispute between the parties. In the written report, it is mentioned that on the date of occurrence accused persons stored brick and sand on the land, which was protested by the informant and, thereafter, the accused persons made demand of

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Patna High Court Cr.Misc. No.33002 of 2018(3) dt.09-07-2018 2/2

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ransom and also gave threat. It has been further submitted that petitioners have clean antecedent.

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In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/(ten thousand) each with two sureties of the like amount each in connection with Saharsa Sadar P.S. Case No. 30 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

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khushbu/- U T

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(Sanjay Priya, J)

Bhumi Sharma and Ors. v. The State Of Bihar

Case brief

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Bhumi Sharma and Ors. v. The State Of Bihar

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